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The ?notice of claim? required Education Law § 3813[1] must be more than an e-mail or an unverified [not sworn to] statement

The ?notice of claim? required Education Law § 3813[1] must be more than an e-mail or an unverified [not sworn to] statement
Gastman v Department of Educ. of City of New York, 60 AD3d 444

According to the decision, Gastman had failed to file a timely notice of claim with the New York City Department of Education as required by Education Law §3813[1]. The unexcused failure to file a timely notice is fatal to proceeding with such a complaint.

In this instance Supreme Court ruled that Gastman?s ?unverified letters and emails to various Department of Education personnel, ?each addressing different aspects of her complaints,? did not constitute a notice of claim? within the meaning of the Education Law.

The Appellate Division agreed and dismissed Gastman?s appeal.

Further, said the Appellate Division, Gastman?s application for leave to file a late notice of claim was submitted after the one-year statute of limitations had expired and thus it also must be denied as untimely, citing Education Law §3813[2-b].

Full post as published by New York Public Personnel Law on February 19, 2010 (boomark / email).